H.R. 7220

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7220 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7220

To require the public disclosure of COINTELPRO records, to establish a 
COINTELPRO Records Collection, and to establish the COINTELPRO Records 
Review Board, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 22, 2026

Ms. Lee of Pennsylvania (for herself and Mr. Jackson of Illinois) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform, and in addition to the Committee on 
Transportation and Infrastructure, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To require the public disclosure of COINTELPRO records, to establish a 
COINTELPRO Records Collection, and to establish the COINTELPRO Records 
Review Board, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``COINTELPRO Full 
Disclosure Act''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Public disclosure of COINTELPRO records.
Sec. 3. COINTELPRO Records Collection at the National Archives.
Sec. 4. Establishment and powers of the COINTELPRO Records Review 
Board.
Sec. 5. COINTELPRO Records Review Board personnel.
Sec. 6. Review of records by the COINTELPRO Records Review Board.
Sec. 7. Disclosure of other information and additional study.
Sec. 8. Rules of construction.
Sec. 9. Redesignation.
Sec. 10. References.
Sec. 11. Funding.
Sec. 12. Definitions.

SEC. 2. PUBLIC DISCLOSURE OF COINTELPRO RECORDS.

(a) In General.--Except as provided in subsection (b), not later 
than 6 months after the date of the enactment of this Act, the head of 
a Government Office shall fully disclose to the public each COINTELPRO 
record in the possession or control of the Government Office.
(b) Exception.--The requirement under subsection (a) shall not 
apply to a COINTELPRO record if the head of the Government Office 
determines that the full disclosure of such record, or particular 
information within such record, would clearly and demonstrably be 
expected to cause harm.
(c) Partial Disclosure.--If the head of a Government Office 
determines in accordance with subsection (b) that the requirements of 
subsection (a) do not apply with respect to a COINTELPRO record, the 
head of the Government Office shall disclose to the public in 
consultation with the originating body, and to the extent doing so 
would not clearly and demonstrably be expected to cause harm--
(1) any reasonably segregable particular information in a 
COINTELPRO record;
(2) a substitute record for that information; or
(3) a summary of the COINTELPRO record.
(d) Review by Board.--If a Government Office determines that the 
requirements of subsection (a) do not apply with respect to a 
COINTELPRO record, such record shall be transmitted to the Review Board 
for review in accordance with section 4(b).
(e) Full Disclosure of COINTELPRO Record Required.--
(1) In general.--Notwithstanding section 552a of title 5, 
United States Code, each COINTELPRO record that is not fully 
disclosed to the public as of the date on which the Review 
Board terminates under section 4(n) shall be fully disclosed to 
the public and made available in the Collection not later than 
25 years after the date of the enactment of this Act unless--
(A) the head of the entity of the Federal 
Government in the possession of control of the record, 
the head of a Government office, the head of the 
originating body, or the head of an executive agency 
recommends in writing the exemption of the record or 
particular information within the record, because the 
disclosure of which would clearly and demonstrably be 
expected to--
(i) cause identifiable or describable 
damage to national security, military defense, 
law enforcement, intelligence operations, or 
the conduct of foreign relations that is of 
such gravity that further postponing the 
disclosure of the record outweighs the public 
interest in disclosure; or
(ii) reveal information described in 
paragraphs (1) through (9) of section 3.3(b) of 
Executive Order 13526 (75 Fed. Reg. 707; 
relating to classified national security 
information);
(B) the written recommendation described in 
subparagraph (A)--
(i) not later than 180 days before the date 
that is 25 years after the date of the 
enactment of this Act, is provided to--
(I) the Archivist;
(II) the President, if the record 
is in the possession or control of an 
agency in the executive branch of the 
Federal Government;
(III) the Chief Justice of the 
Supreme Court, if the record is in the 
possession or control of an agency in 
the judicial branch of the Federal 
Government;
(IV) the Speaker of the House of 
Representatives, if the record is in 
the possession or control of an office 
of the House of Representatives;
(V) the President Pro Tempore of 
the Senate, if the record is in the 
possession or control of an office of 
the Senate; and
(VI) the Speaker of the House of 
Representatives and the President Pro 
Tempore of the Senate, if the record is 
in the possession or control of an 
office of the legislative branch of the 
Federal Government not described under 
subclauses (IV) and (V); and
(ii) includes--
(I) a justification of the 
recommendation to exempt the record, or 
particular information within the 
record; and
(II) a recommended date on which, 
or a specified occurrence following 
which, the record, or particular 
information within the record may be 
appropriately disclosed to the public 
under this Act; and
(C) the Archivist agrees with the written 
recommendation described in subparagraph (A).
(2) Notification.--If the Archivist does not agree with the 
recommendation described in subparagraph (A), the Archivist 
shall notify the person making the recommendation not later 
than 90 days before the date that is 25 years after the date of 
enactment of this Act.
(3) Override of decision by archivist.--
(A) Authority to override decision by archivist.--
The following individuals may override a decision of 
the Archivist regarding a written recommendation under 
paragraph (1):
(i) The President, if the record is in the 
possession or control of an agency in the 
executive branch of the Federal Government.
(ii) The Chief Justice of the Supreme 
Court, if the record is in the possession or 
control of an agency in the judicial branch of 
the Federal Government.
(iii) The Speaker of the House of 
Representatives, if the record is in the 
possession or control of an office of the House 
of Representatives.
(iv) The President Pro Tempore of the 
Senate, if the record is in the possession or 
control of an office of the Senate.
(v) The Speaker of the House of 
Representatives and the President Pro Tempore 
of the Senate acting jointly, if the record is 
in the possession or control of an agency in 
the legislative branch of the Federal 
Government.
(B) Notice.--If an individual overrides a decision 
described under subparagraph (A), the individual shall 
notify the person making the recommendation not later 
than 90 days before the date that is 25 years after the 
date of enactment of this Act.
(f) Notice Regarding Public Disclosure.--
(1) Finding.--Congress finds that the public release of 
case-related documents and information without notice may 
significantly affect the victims of the events to which the 
case relates and their next of kin.
(2) Notice.--Not later than 7 days before a COINTELPRO 
record is publicly disclosed, the entity of the Federal 
Government that has possession or control of the COINTELPRO 
record shall take all reasonable efforts to provide the 
COINTELPRO record to the victims of the events to which the 
COINTELPRO record relates, or their next of kin.
(g) Definition.--In this section, the term ``cause harm'' means 
to--
(1) cause identifiable or describable damage to national 
security, military defense, law enforcement, intelligence 
operations, or the conduct of foreign relations that is of such 
gravity that it outweighs the public interest in disclosure;
(2) reveal information described in paragraphs (1) through 
(9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 
707; relating to classified national security information);
(3)(A) reveal the name or identity of a living individual 
who provided confidential information to the United States; and
(B) pose a substantial risk of harm to that individual;
(4) constitute an unwarranted invasion of personal privacy;
(5)(A) compromise the existence of an understanding of 
confidentiality currently requiring protection between a 
Government agent and a cooperating individual or group; and
(B) be so harmful that the understanding of confidentiality 
outweighs the public interest;
(6) endanger the life or physical safety of any individual;
(7) interfere with ongoing law enforcement proceedings; or
(8) reveal information as prohibited by laws and policies 
protecting criminal records of juveniles.

SEC. 3. COINTELPRO RECORDS COLLECTION AT THE NATIONAL ARCHIVES.

(a) In General.--
(1) Establishment of the cointelpro records collection.--
Not later than 60 days after the date of the enactment of this 
Act, the Archivist shall--
(A) commence establishing a collection of 
COINTELPRO records to be known as the ``COINTELPRO 
Records Collection'' that ensures the physical 
integrity and original provenance of all records in the 
Collection;
(B) commence preparing and publishing a subject 
guidebook and index to the Collection; and
(C) establish criteria for Government offices to 
follow when transmitting copies of COINTELPRO records 
to the Archivist (to include required metadata) under 
subsection (d).
(2) Contents of collection.--The Collection shall include--
(A) a copy of each COINTELPRO record transmitted to 
the Archivist under subsection (d);
(B) any COINTELPRO record fully disclosed to the 
public before the date of the enactment of the Act; and
(C) all Review Board records, as required under 
this Act transmitted under section 4(l)(3).
(b) Disclosure of Records.--All COINTELPRO records transmitted to 
the Archivist--
(1) not later than 60 days after the transmission of the 
record to the Archivist, shall be available to the public for 
inspection and copying at the National Archives; and
(2) shall be prioritized for digitization by the National 
Archives.
(c) Fees for Copying.--The Archivist shall--
(1) use efficient electronic means when possible;
(2) charge fees for copying COINTELPRO records in the 
Collection; and
(3) promulgate regulations in accordance with the standard 
established under section 552(a)(4) of title 5, United States 
Code, for establishing procedures and guidelines for 
determining when such fees should be waived.
(d) Transmission to the National Archives.--Each Government office 
shall, in accordance with the criteria established by the Archivist 
under subsection (a)(1)(C) as soon as is reasonably practicable, and in 
any event not later than 2 years after the date of the enactment of 
this Act, transmit to the Archivist in an electronic and searchable 
form a copy of each COINTELPRO record that can be partially or fully 
disclosed to the public in accordance with subsection (b), including 
any such record that is publicly available on the date of the enactment 
of this Act.

SEC. 4. ESTABLISHMENT AND POWERS OF THE COINTELPRO RECORDS REVIEW 
BOARD.

(a) Establishment.--There is established, as an independent agency 
in the executive branch of the Federal Government, a board to be known 
as the COINTELPRO Records Review Board.
(b) Duties of the Review Board.--
(1) In general.--The Review Board shall--
(A) review a determination by a Government Office 
to partially disclose a COINTELPRO record in accordance 
with section 2(c); and
(B) if such record is in the possession or control 
of an entity in the executive branch of the Government, 
make a recommendation to the President on whether the 
record--
(i) should have been partially disclosed in 
accordance with section 2(c); or
(ii) fully disclosed in accordance with 
section 2(a).
(2) Decisions.--In carrying out paragraph (1), the Review 
Board shall consider whether a record constitutes a COINTELPRO 
record.
(c) Appointment.--
(1) In general.--The President shall appoint, by and with 
the advice and consent of the Senate, 5 individuals to serve as 
members of the Review Board.
(2) Initial appointment.--
(A) In general.--Subject to subparagraph (C), 
initial appointments to the Review Board shall be made 
not later than 60 days after the date of the enactment 
of this Act.
(B) Recommendations.--In making appointments to the 
Review Board, the President may consider any 
individuals recommended by the American Historical 
Association, the Organization of American Historians, 
the Society of American Archivists, and the American 
Bar Association.
(C) Extension.--If an organization described in 
subparagraph (B) does not recommend at least 2 nominees 
meeting the qualifications stated in paragraph (3) 
within 60 days after the date of the enactment of this 
Act, the deadline under subparagraph (A) shall be 
extended until the earlier of 60 days after the date on 
which such recommendations are made or 120 days after 
the date of the enactment of this Act.
(D) Additional recommendations.--The President may 
request that any organization described in subparagraph 
(B) submit additional recommended nominees.
(3) Qualifications.--Individuals nominated to the Review 
Board shall--
(A) not have had any previous involvement with any 
official investigation or inquiry conducted by the 
Federal Government, or any State or local government, 
relating to any COINTELPRO;
(B) be distinguished individuals of high national 
professional reputation in their respective fields who 
are capable of exercising the independent and objective 
judgment necessary to fulfill their role in ensuring 
and facilitating the review, transmission to the 
public, and public disclosure of files related to 
COINTELPRO and who possess an appreciation of the value 
of such material to the public, scholars, and 
government; and
(C) include at least 1 professional historian and 1 
attorney.
(d) Security Clearances.--All Review Board nominees may be 
processed for the necessary security clearances in an accelerated 
manner by the appropriate Federal agencies and subject to the standard 
procedures for granting such clearances.
(e) Vacancy.--A vacancy on the Review Board shall be filled in the 
same manner as the original appointment and within 60 days of the 
occurrence of the vacancy.
(f) Chairperson.--The members of the Review Board shall elect 1 of 
the members as chairperson.
(g) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be 
removed from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for 
inefficiency, neglect of duty, malfeasance in office, 
physical disability, mental incapacity, or any other 
condition that substantially impairs the performance of 
the member's duties.
(2) Report.--
(A) In general.--If a member of the Review Board is 
removed from office, and that removal is by the 
President, not later than 10 days after the removal, 
the President shall submit to the Committee on 
Oversight and Accountability of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report 
specifying the facts found and the grounds for the 
removal.
(B) Publication.--The President shall publish in 
the Federal Register a report submitted under 
subparagraph (A), except that the President may, if 
necessary to protect the rights of a person named in 
the report or to prevent undue interference with any 
pending prosecution, postpone or refrain from 
publishing any or all of the report until the 
completion of such pending cases or pursuant to privacy 
protection requirements in law.
(3) Judicial review.--
(A) In general.--A member of the Review Board 
removed from office may obtain judicial review of the 
removal in a civil action commenced in the United 
States District Court for the District of Columbia.
(B) Relief.--The member may be reinstated or 
granted other appropriate relief by order of the court.
(h) Compensation of Members.--
(1) In general.--A member of the Review Board shall be 
compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during which the 
member is engaged in the performance of the duties of the 
Review Board.
(2) Travel expenses.--A member of the Review Board shall be 
allowed reasonable travel expenses, including per diem in lieu 
of subsistence, at rates for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, 
while away from the member's home or regular place of business 
in the performance of services for the Review Board.
(i) Powers.--
(1) In general.--The Review Board shall have the authority 
to act in a manner prescribed under this Act including the 
authority to--
(A) direct a Government office to make available to 
the Review Board, and if necessary investigate the 
facts surrounding, additional information, records, or 
testimony from individuals, which the Review Board has 
reason to believe is required to fulfill its functions 
and responsibilities under this Act;
(B) subpoena private persons to compel the 
production of documents and other records relevant to 
its responsibilities under this Act;
(C) require any Government office to account in 
writing for the destruction of any records relating to 
COINTELPRO;
(D) receive information from the public regarding 
the identification and public disclosure of COINTELPRO 
records; and
(E) hold hearings and administer oaths.
(2) Enforcement of subpoenas.--The Review Board may bring a 
civil action in a district court of the United States to 
enforce a subpoena issued under paragraph (1)(B).
(j) Witness Immunity.--The Review Board shall be considered to be 
an agency of the United States for purposes of chapter 601 of title 18, 
United States Code.
(k) Support Services.--The Administrator of General Services shall 
provide administrative services for the Review Board on a reimbursable 
basis.
(l) Termination.--
(1) In general.--The Review Board shall terminate not later 
than 4 years after the date of enactment of this Act, except 
that the Review Board may, by majority vote, extend its term 
for an additional 1-year period if the Review Board determines 
that it has not completed its work within that 4-year period.
(2) Reports.--Before its termination, the Review Board 
shall--
(A) submit a report to the President and the 
Congress on the activities conducted by the Board, 
including a complete and accurate accounting of 
expenditures during its existence; and
(B) complete all other reporting requirements under 
this Act.
(3) Transfer of records.--
(A) In general.--Upon termination, the Review Board 
shall transfer all records created by or in the 
possession of the Board to the Archivist for inclusion 
in the Collection.
(B) Preservation of records.--The records of the 
Review Board shall not be destroyed, except that the 
Archivist may destroy routine administrative records 
covered by a general records schedule following 
notification in the Federal Register and after 
considering comments.

SEC. 5. COINTELPRO RECORDS REVIEW BOARD PERSONNEL.

(a) Chief of Staff.--
(1) Appointment.--Not later than 45 days after the initial 
meeting of the Review Board, and without regard to political 
affiliation, the Review Board shall appoint an individual to 
the position of Chief of Staff of the Review Board.
(2) Requirements.--The individual appointed as Chief of 
Staff--
(A) shall be a citizen of the United States of 
integrity and impartiality who is a distinguished 
professional; and
(B) shall have had no previous involvement with any 
official investigation or inquiry relating to 
COINTELPRO.
(3) Candidate to have clearances.--A candidate for Chief of 
Staff may be granted the necessary security clearances in an 
accelerated manner subject to the standard procedures for 
granting such clearances.
(4) Approval contingent on prior clearance.--A candidate 
for Chief of Staff may not be appointed without receiving a 
security clearance.
(5) Duties.--The Chief of Staff shall--
(A) serve as principal liaison to Government 
offices;
(B) be responsible for the administration and 
coordination of the Review Board's review of records;
(C) be responsible for the administration of all 
official activities conducted by the Review Board; and
(D) have no authority to decide or determine 
whether any record shall be disclosed to the public or 
postponed for disclosure.
(6) Removal.--The Chief of Staff shall not be removed 
except upon a majority vote of the Review Board to remove the 
Chief of Staff for cause on the grounds of inefficiency, 
neglect of duty, malfeasance in office, physical disability, 
mental incapacity, or any other condition that substantially 
impairs the performance of the responsibilities of the Chief of 
Staff or the employees of the Review Board.
(b) Staff.--
(1) Additional personnel.--The Review Board may appoint 
additional employees as are necessary to enable the Review 
Board and its Chief of Staff to perform their duties. Any 
employee appointed under this paragraph shall be in the 
excepted service (as that term is defined in section 2103 of 
title 5, United States Code).
(2) Requirements.--An individual appointed as an employee 
of the Review Board--
(A) shall be a private citizen of integrity and 
impartiality; and
(B) shall have had no previous involvement with any 
official investigation or inquiry relating to 
COINTELPRO.
(3) Nominations.--Before making an appointment pursuant to 
paragraph (1), the Review Board shall consider individuals 
recommended by the American Historical Association, the 
Organization of American Historians, the Society of American 
Archivists, and the American Bar Association.
(4) Security clearances.--A staff candidate may not be 
appointed without receiving a security clearance.
(c) Compensation.--The Review Board shall fix the compensation of 
the Chief of Staff and other employees in accordance with title 5, 
United States Code, except that the rate of pay for the Chief of Staff 
and other employees may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of that title.
(d) Advisory Committees.--The Review Board may create advisory 
committees to assist in fulfilling the responsibilities of the Review 
Board under this Act.

SEC. 6. REVIEW OF RECORDS BY THE COINTELPRO RECORDS REVIEW BOARD.

(a) Custody of Records Reviewed by the Review Board.--Pending a 
determination by the Review Board with respect to a record transmitted 
to the Board for review under this section, a Government office shall 
retain custody of a COINTELPRO record for purposes of preservation, 
security, and efficiency, unless--
(1) the Review Board requires the physical transfer of 
records for reasons of conducting an independent and impartial 
review; or
(2) such transfer is necessary for an administrative 
hearing or other official Review Board function.
(b) Recommendation of the Review Board.--
(1) In general.--In reviewing a record in accordance with 
section 4(b), the Review Board shall direct that copies of all 
COINTELPRO records be transmitted to the Archivist and fully 
disclosed to the public in the Collection in the absence of 
clear and convincing evidence that--
(A) a record is not a COINTELPRO record; or
(B) a record or particular information within a 
COINTELPRO record does not cause harm, as such term is 
defined in section 2.
(2) Postponement.--In determining whether a COINTELPRO 
record should be fully disclosed to the public under section 
2(a), the Review Board shall work to--
(A) provide for the disclosure of segregable parts, 
substitutes, or summaries of such a record; and
(B) determine, in consultation with the Government 
office in the possession or control of the record, and 
consistent with the standards for disclosure under this 
Act, which of the following alternative forms of 
disclosure shall be made by the Government office:
(i) Any reasonably segregable particular 
information in a COINTELPRO record.
(ii) A substitute record for that 
information which is postponed.
(3) Report.--With respect to a COINTELPRO record, or 
particular information within a record, for which only 
substitutions or summaries have been disclosed to the public, 
the Review Board shall transmit to the Archivist a report 
containing--
(A) a description of actions by the Review Board, 
the originating body, the President, or any Government 
office (including a justification of any such action to 
postpone disclosure of any record or part of any 
record) and of any official proceedings conducted by 
the Review Board with regard to specific COINTELPRO 
records; and
(B) a statement, based on a review of the 
proceedings and in conformity with the decisions 
reflected therein, designating a recommended specified 
time at which or a specified occurrence following which 
the material may be appropriately disclosed to the 
public under this Act.
(4) Notice.--Not later than 14 days after the Review Board 
makes a determination whether a COINTELPRO record should be 
fully disclosed, the Review Board shall--
(A) notify the head of the Government office in the 
possession or control of the record of the 
determination; and
(B) publish a copy of the determination in the 
Federal Register.
(c) Notice to the Public.--On each day that is on or after the date 
that is 60 days after the Review Board first approves the postponement 
of disclosure of a COINTELPRO record, the Review Board shall publish on 
a publicly available website a notice that summarizes the 
recommendation including a description of the subject, the originating 
body, length or other physical description, and each justification 
relied on for the recommendation.
(d) Reports by the Review Board.--
(1) In general.--The Review Board shall submit a report its 
activities to the Speaker of the House of Representatives, the 
Minority Leader of the House of Representatives, the Committee 
on Oversight and Accountability of the House of 
Representatives, the Majority Leader of the Senate, the 
Minority Leader of the Senate, the Committee on Homeland 
Security and Governmental Affairs of the Senate, the President, 
the Archivist, and the head of any Government office whose 
records have been the subject of Review Board activity.
(2) Deadlines.--Not later than 1 year after the date of the 
enactment of this Act, and every year thereafter until the 
termination of the Review Board, the Review Board shall issue a 
report under paragraph (1).
(3) Contents.--Each report under paragraph (1) shall 
include the following information:
(A) A financial report of the expenses for all 
official activities and requirements of the Review 
Board and its employees.
(B) The progress made on review and, transmission 
to the Archivist, and public disclosure of COINTELPRO 
records.
(C) The estimated time and volume of COINTELPRO 
records involved in the completion of the Review 
Board's duties under this Act.
(D) Any special problems, including requests and 
the level of cooperation of Government offices, with 
regard to the ability of the Review Board to meet the 
requirements of this Act.
(E) A record of review activities, including a 
record of recommendations that a record not be fully 
disclosed by the Review Board or other related actions 
authorized by this Act, and a record of the volume of 
records reviewed and recommended to not be fully 
disclosed.
(F) Recommendations and requests to Congress for 
additional authorizations or appropriations.
(G) An appendix containing copies of reports of 
postponed records to the Archivist required under 
subsection (c)(3) made since the date of the preceding 
report submitted under this subsection.
(4) Notice of termination.--Not later than 90 days before 
terminating, the Review Board shall provide written notice to 
the President and the Congress of its intention to terminate 
its operations at a specified date and the date on which the 
Board intends to terminate.

SEC. 7. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY.

(a) Materials Under the Seal of the Court.--
(1) In general.--The Review Board may request the Attorney 
General to petition any court in the United States to release 
any information relevant to COINTELPRO that is held under seal 
of court.
(2) Grand jury materials.--
(A) In general.--The Review Board may request the 
Attorney General to petition any court in the United 
States to release any information relevant to 
COINTELPRO that is held under the injunction of secrecy 
of a grand jury.
(B) Particularized need.--A request for disclosure 
of COINTELPRO records under this Act shall be deemed to 
constitute a showing of particularized need pursuant to 
rule 6 of the Federal Rules of Criminal Procedure.
(3) Deadline.--
(A) In general.--The Attorney General shall respond 
to any request that is subject to this subsection 
within 45 days.
(B) Nondisclosure of grand jury information.--If 
the Attorney General determines that information 
relevant to a COINTELPRO that is held under the seal of 
a grand jury should not be made public, the Attorney 
General shall set forth in the response to the request 
the reasons for the determination.
(b) Cooperation With Agencies.--It is the sense of Congress that--
(1) the Attorney General should assist the Review Board in 
good faith to unseal any records that the Review Board 
determines to be relevant and held under the seal by a court or 
under the injunction of secrecy of a grand jury; and
(2) all Government offices should cooperate in full with 
the Review Board to seek the disclosure of all information 
relevant to COINTELPRO consistent with the public interest.

SEC. 8. RULES OF CONSTRUCTION.

(a) Precedence Over Other Law.--
(1) In general.--Subject to paragraph (2), when this Act 
requires transmission of a record to the Archivist or public 
disclosure, it shall take precedence over any other law (except 
section 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 
6103)), judicial decisions construing such law, or common law 
doctrine that would otherwise prohibit such transmission or 
disclosure with the exception of deeds governing access to or 
transfer or release of gifts and donations of records to the 
United States Government.
(2) Personnel and medical files.--This Act shall not 
require the public disclosure of personnel and medical files 
and similar files the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy.
(b) Freedom of Information Act.--Nothing in this Act shall be 
construed to eliminate or limit any right to file any requests with any 
executive agency or seek judicial review of a decision under section 
552 of title 5, United States Code.
(c) Judicial Review.--Nothing in this Act shall be construed to 
preclude judicial review, under chapter 7 of title 5, United States 
Code, of final actions taken or required to be taken under this Act.
(d) Existing Authority.--Nothing in this Act revokes or limits the 
existing authority of the President, any executive agency, the Senate, 
the House of Representatives, or any other entity of the Government to 
publicly disclose records in its possession.

SEC. 9. REDESIGNATION.

The Federal building located at 935 Pennsylvania Avenue Northwest 
in Washington, DC, commonly known as the J. Edgar Hoover Federal 
Building, shall be known and designated as the ``Federal Bureau of 
Investigation Federal Building''.

SEC. 10. REFERENCES.

Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 3 shall be deemed to be a reference to the ``Federal Bureau of 
Investigation Federal Building''.

SEC. 11. FUNDING.

Until such time as funds are appropriated to carry out this Act, 
the President shall use such sums as are available for discretionary 
use to carry out this Act.

SEC. 12. DEFINITIONS.

In this Act:
(1) Archivist.--The term ``Archivist'' means the Archivist 
of the United States.
(2) COINTELPRO.--The term ``COINTELPRO'' means the covert 
and illegal counter intelligence program conducted by the 
Federal Bureau of Investigation in 1956 that involved 
surveilling, infiltrating, discrediting, and disrupting 
domestic organizations involved in the political process, 
including political parties, non-governmental organizations, 
advocacy groups, and special interest groups.
(3) COINTELPRO record.--The term ``COINTELPRO record'' 
means a record that--
(A) is related to COINTELPRO; and
(B) was created or made available for use by, 
obtained by, or otherwise came into the possession of--
(i) an entity of the Federal Government, 
including--
(I) the Library of Congress;
(II) any executive agency, 
including the National Archives; and
(III) any independent agency; or
(ii) any State or local government, or 
component thereof, that provided support or 
assistance or performed work in connection with 
a Federal inquiry into surveillance, 
infiltration, discrediting, or disruption 
undertaken as a part of COINTELPRO.
(4) Collection.--The term ``Collection'' means the 
COINTELPRO Records Collection established under section 3.
(5) Executive agency.--The term ``executive agency'' means 
an agency, as defined in section 552(f) of title 5, United 
States Code.
(6) Government office.--The term ``Government office'' 
means any entity of the Federal Government that has possession 
or control of 1 or more COINTELPRO record.
(7) Government official.--The term ``Government official'' 
means any officer or employee of the United States, including 
any elected or appointed official.
(8) National archives.--The term ``National Archives'' 
means the National Archives and Records Administration and all 
components thereof, including Presidential archival 
depositories established under section 2112 of title 44, United 
States Code.
(9) Official investigation.--The term ``official 
investigation'' means the review of a COINTELPRO case conducted 
by any entity of the Federal Government either independently, 
at the request of any Presidential commission or congressional 
committee, or at the request of any Government official.
(10) Originating body.--The term ``originating body'' means 
the entity of the Federal Government, or the entity of a State 
or local government, as the case may be, that created a record 
or particular information within a record.
(11) Public interest.--The term ``public interest'' means 
the compelling interest in the prompt public disclosure of 
civil rights cold case records for historical and Governmental 
purposes and for the purpose of fully informing the people of 
the United States about the history surrounding all civil 
rights cold cases in the United States.
(12) Record.--The term ``record'' has the meaning given the 
term in section 3301 of title 44, United States Code.
(13) Review board.--The term ``Review Board'' means the 
COINTELPRO Records Review Board established under section 4.
<all>